Thomas Hibbert, 55 and former Edgecomb entrepreneur, recently pled guilty to theft, having been accused of taking over $74,000 of his mother’s money. Hibbert has also been named in another potential suit, wherein he’s accused of acquiring $80,000.
After reaching an agreement in Lincoln County Superior court on Monday, Jan. 11, Hibbert will pay $30,000 to the District Attorney’s Office during a one-year term of deferred disposition.
According to Assistant District Attorney Andrew Wright, Hibbert pleaded guilty to one count of felony Class ‘C’ theft.
According to defense attorney Leonard Sharon of Auburn, the guilty plea does not act as a conviction. When Hibbert makes restitution, the charges will be dropped.
As stated in court documents, the deferment will be cancelled and Hibbert will be sentenced up to five years in prison and pay a $5000 fine plus any restitution if he breaches certain terms of the agreement.
The agreement stipulates Hibbert must refrain from criminal conduct, notify the court of any address change and not contact his mother. He paid $500 cash toward restitution and was released on his own recognizance. Wright said if Hibbert successfully completes the agreement, he will be able to withdraw his plea.
“This was simply a compromise,” Wright said.
Hibbert was arrested, then indicted in April 2007 and charged with 11 counts of theft by unauthorized taking or transfer. Hibbert was accused of diverting money from his mother’s bank accounts while caring for her in Maine and Florida throughout 2005 and 2006.
Court documents indicate that while there were some circumstances as reasons given by defense attorney Leonard Sharon of Auburn to ask for continuance on the case and extend it over the course of three years, the central argument by the defense was the transactions Hibbert made were done with his mother’s consent.
Sharon said Dorothy Hibbert’s mother signed a power of attorney, allowing her son to take over the management of her financial affairs. He helped his mother after his father died, moving between Maine and Florida shortly thereafter. Sharon said Hibbert bought a house in Maine for the family to live in and made purchases in what he believed were in his mother’s best interests.
“After a certain amount of time,” Sharon said. “It was suggested to her that Tom may not have been acting in her best interest.”
Sharon said Hibbert was given authority to use his mother’s money and she questioned some of the purchases he made with the use of a credit card.
According to attorney Thomas Cox of Portland, who is working on another related Hibbert suit, as a member of the Maine Volunteer Lawyers’ Project, Justice Andrew Horton wanted to hear from Hibbert’s mother, Dorothy. Cox said several family members were in the courtroom and it was an emotional affair. Dorothy Hibbert’s granddaughter, Nikki Bland, spoke on behalf of her grandmother, Cox said.
“It was a settlement I wanted to make with my mother and she agreed,” Hibbert said, adding he did not plead guilty to theft and indicated he was weary of the time spent on the case and his exposure in the news. “I’ve been through enough of this.”
Sharon cites difficulty working with family members in trying to reach an agreement as reason for the length of time the case has taken to reach a settlement.
“That formality never occurred,” Sharon said, adding he and the District Attorney worked together to reach consensus. “He didn’t commit a crime. He didn’t try to intentionally take money he wasn’t authorized to use.”
Cox plans to pursue his own case against Hibbert, all the same. He will file suit. He alleges Hibbert acquired over $80,000 of Johnson’s money. Cox said Hibbert posted $2000 bail after his April 2007 arrest.
He argues the District Attorney’s Office could have ended the procedure much sooner and the delay in reaching an agreement has given Hibbert time to get involved with Johnson.
“In the meantime, my client has surrendered $80,000 to him,” Cox said.
In late 2007 and early 2008, Hibbert acquired power of attorney over Johnson, who was in a rehabilitation program during that time. Cox said Hibbert took over $49,000 from Johnson, while promising to take care of the money for her.
In the summer of 2008, Hibbert got a second power of attorney over Johnson’s house on Bailey’s Island, which Cox said Johnson inherited from her father. Using this leverage, Hibbert led Johnson into a $139,000 mortgage, according to Cox.
“It was a loan she could never afford,” he said, adding that his client’s house is under foreclosure and she has filed for Chapter 13 bankruptcy. “She is utterly broke.”
Cox said his Johnson suffers from mental health issues and could not recall giving Hibbert power of attorney, but Cox has the paperwork bearing her signature. The first $52,000 went to pay for Johnson’s first mortgage and Hibbert received $30,000 of the loan proceeds, Cox said. The $30,000 has not been accounted for, he said.
Hibbert is a former Edgecomb business owner and, at one time, manager of the Coveside Restaurant in South Bristol. He was instrumental in the Davis Island Business Group, LLC, who spearheaded the $1 million sewer and waterline project from Davis Island to Wiscasset in 2005. According to Cox, Hibbert has moved and is living in Scottsdale, Ariz. The superior court docket also indicates Hibbert is living in Augusta.
